state of new hampshire new hampshire...b maroh 3 0'[1.0ll ’ k0 scottd.chase,esq.,nhbar#268772...
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Fllod
Filo Dab: 1/02021 11:37 AMCoo. Superior Court
E-Flhd Documnt
STATE OF NEW HAMPSHIRE
Cabs, SS. Superior Court
State of New Hampshire
v.
Volodymyr Zhukovskyy
Superior Court Case: 214-2019-CR-78
Charge ID: 16366260, 16366270. 1636628C, 1636629C. 1636630C, 1636631 C,1636632C, 16804540. 16804550. 16804560, 16804570, 16804580, 1680459C,1680460C, 16804864C, 1680485C, 16804860. 16804870, 16804880, 16804890,
16804900, 1680491 C, 16804920
T ' PA TA Y ENTEDT M TIONF RANAM NDED H D LINORDER
NOW COMES the State ofNew Hampshire, by and through its attorneys, the Ofl'lce ofthe C065 County Attorney, and the Ofi'lce of the Attorney General, and states as follows:
l. The State filed a Motion to Adopt its Proposed Scheduling Order with the Court on
November 15, 2019. The order was granted by the Court on January 7, 2020. The State
filed an Assented to Motion for an Amended Scheduling Order with the Court on October
l4, 2020, that extended certain deadlines and set trial for March 2021.
2. The parties have continued working diligently to adhere to the deadlines spelled out in the
Court’s order. However, because of the Covid-l9 pandemic and the resulting adjustments
to the Court’s trial schedule, and witness schedules and availability, the parties recognize
that the March 202] date for jury selection is no longer feasible, and thus move the
Honorable Court to continue the matter to the May or June 2021 jury trial docket.
3. Additionally, the parties recognize that further expert analyses of the collision scene and
associated evidence by the respective experts has rendered the deposition deadlines that
were set in the Court’s amended scheduling order impracticable.
4. Accordingly, the State, with defense counsels’ assent, proposes the following adjustments
to the January 7, 2020, scheduling order, amended by the October l4, 2020, scheduling
order, and moves the Honorable Court to approve the deadlines listed below continuingthe trial to the May/June 2021 trial cycle:
a. Jury selection: May/June 202]
b. Deadline for both sides to depose expert/lay
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5.
witnesses: March 15, 2021
c. Deadline for pretrial motions, including
motions in limine: March 22, 2021
The parties do not agree on a deadline to submit motions for proposedjury instructions.The State has suggested a March 15 deadline at the latest, which is consistent with thedeadline established in the prior scheduling order, while the defense is unwilling to agree
to a deadline sooner than March 30, 2021.
The deadlines that were established in the Court’s prior scheduling order that do notconflict with the amended deadlines set forth in paragraph 4., a-d above will remain infull force and effect. To the extent that evidentiary hearings arc scheduled in response tomotions, the parties will provide witness lists seven days in advance of the hearings.
Counsel for the defendant, Attorney Jay Q. Duguay, Esq., was contacted and assents tothe State's Motion.
WHEREFORE, the State requests that this Honorable Court:
A. GRANT the State's Motion and relief requested in paras. 2 and 4 above; or,B. HOLD a hearing on the matter; and,C. GRANT any other reliefdeemed proper and just.
Respectfully Submitted,
STATE OF NEW HAMPSHIREJanuary 5, 2021
/s/ John G. McCormick
- John G. McCormick, Esq.
‘ ‘b ‘Lo 1 | C068 County Attorney,
I
NH Bar # 16183'
[ k L fa C‘I'TLS 5 L q i Office ofthe Coés County Attorney
55 School St. Suite 14]
3 u} m TI»V £5 ’3' F” r Lancaster,NH03584
eFae o 9 ad j “F3 n‘ f
‘h‘v ”+70 n5 (603) 7886559
b m a r O h 3 0' [1.0 LL ’ k0 Scott D. Chase, Esq., NH Bar #268772Shaw’s +
Assistant Attorney General
o i 9 n'- NH Department of Justicem I g
33 Capitol Street
..'
Concord, NH 03301-6387a Hm. rw 1 5e, 3m: «fibfi/ (60327136717% V
onDocument Sent to PartiesClerk's Notice of Decision
01/06/2021
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Shane B. Goudas, Esq., NH Bar # 269581Attorney
NH Department of Justice33 Capitol Street
Concord, NH 03301-6387(603) 271-3671
QERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has this day been forwarded to Jay Q. Duguay,
Esq., and Sheldon S. Mirkin, Esq., of the New Hampshire Public Defender, as counsel for theDefendant by electronic fling per the Supplemental Rules of the Superior Court ofNewHampshire for Electronic Filing, Rule 13(a).
Respectfully Submitted,
STATE OF NEW HAMPSHIRE
January 5, 2021
/s/ John G. McCormick
John G. McCormick, EsqOffice of the C065 County Attorney
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